The children found the gun in the garage and were both playing with it when it discharged, San Diego police homicide Lt. Jorge Duran said earlier this week. It was not yet known who pulled the trigger, Duran said. Homicide officials did not return messages on Friday.

Francis' attorney said in the statement that the gun was not loaded and was hidden in a separate location from the ammunition. He did not specify where the gun had been stored, but said neither the gun nor the clip were “immediately accessible” to children.

The statement also said that the gun was purchased legally and was registered.

Police have said the garage contained boxes and a sofa, and numerous boxes could be seen through the open garage door as police conducted their investigation. Neighbors said children often used the garage as a play clubhouse.

Klyaz was shot once in the chest. He died shortly afterward at Rady Children’s Hospital.

In the statement, the attorney said Francis offered his sympathy to the “friends, neighbors and individuals” who have been affected by the “horrific life-changing” tragedy.

Police said earlier that the girl’s parents were not home at the time, and they had left their 14-year-old son in charge.

The investigation is continuing and no charges have been filed.

Eric was a fourth-grader at Dingeman Elementary School in Miramar Ranch. He is survived by his parents, Konstantin and Irina Klyaz, and an older brother.